November 28, 2006

How to use metaphors and associations to aid your memory

An effective way to aid your memory is to connect the new information to something you already know that has some similarities with the subject matter you study.The familiar concept does not have to be related to law at all.This process is called metaphorical thinking.Metaphor is an excellent technique to use when you want to synthesize the material.Here is an example from the landlord and tenant law.I will introduce it with a hypothetical:

Rabbit rents a Rabbit Hole from Fox for a year at $80/month.At the end of the lease term, Rabbit is so afraid to leave the Rabbit Hole that it remains in possession and tenders Fox the next month’s rent of $80, which Fox accepts.What kind of tenancy was created when Rabbit refused to surrender the Rabbit Hole?What kind of tenancy was created after Fox accepted the rent?

Answer:

When a tenant wrongfully remains in possession (holds over) at the end of the lease, a tenancy at sufferance is created.The tenancy at sufferance lasts only until the landlord either evicts the tenant at sufferance or binds the tenant to a new periodic tenancy by accepting the rent.Therefore, when Rabbit refused to surrender the Rabbit Hole, he became a tenant at sufferance.When Fox accepted the rent, the tenancy at sufferance changed into a periodic tenancy.

Is there an easy way to remember this rule?

You can associate the Tenancy AtSufferance with a “TEASE” because it is not a real tenancy but rather a wrongful possession of the land.

The Periodic Tenancy can be remembered by the acronym “PT” [pity].

The Landlord can “PT” the “TEASE” – pity the tenant at sufferance and change the tenancy at sufferance into a periodic tenancy.

Brainstorm some metaphors for the concepts that you find most challenging and see for youself how it works.